Maintenance and Modifications. The Company agrees that during the term of this Loan Agreement its Property, Plant and Equipment shall be operated and maintained in substantial compliance with all laws, building codes, ordinances and regulations and zoning laws as shall be applicable to the Property, Plant and Equipment. The Company agrees that during the term of this Loan Agreement it will at its own expense (a) keep the Property, Plant and Equipment in as reasonably safe condition as its operations permit; and (b) keep the Property, Plant and Equipment in good repair and in good operating condition, making from time to time all necessary repairs thereto (including external and structural repairs) and renewals and replacements thereof. The Company may also at its own expense, make from time to time any additions, modifications or improvements to the Property, Plant and Equipment it may deem desirable for its purposes that do not adversely affect the structural integrity of any building or substantially reduce its value or impair the character of its use permitted pursuant to the Act, provided that all such additions, modifications, renovations, repairs and improvements made by the Company shall become a part of the Property, Plant and Equipment; provided, however, that nothing in this subsection shall prevent the Company from ceasing to operate any immaterial portion of the Property, Plant and Equipment. The Company hereby covenants and agrees that it shall not construct any improvements or install any equipment on any portion of the Springdale Property, Lxxxxx Property, Junction Property or Wxxxx Property located within a federally designated flood hazard zone unless and until such property shall be insured against loss or damage by flood in accordance with Section 6.02(a) hereof.
Maintenance and Modifications. TAXES AND UTILITY CHARGES; INSURANCE AND EMINENT DOMAIN ..................................... 18 Section 6.1 Maintenance and Modification of the Project by the Company ............................. 18 Section 6.2
Maintenance and Modifications. 3.1. You must take proper care of the goods and keep them in good working order and in good repair (fair wear and tear excepted). You must ensure that the goods are serviced and maintained in accordance with the supplier’s specifications and our or any insurer’s reasonable requirements.
Maintenance and Modifications. Customer acknowledges and agrees that certain maintenance activities regarding the Services may be necessary or appropriate, from time to time, including bug fixes, software updates, feature updates, and the addition of new applications and new modules. The Services may be unavailable as the result of planned or unplanned downtime, for reasons including technical issues, legal compliance, security actions, business decisions, or any other cause. Polygon may attempt to inform Customer if such downtime is planned, Polygon is under no obligation to do so. Customer further acknowledges and agrees that the Services are still evolving. Polygon reserves the right to make changes to the Services from time to time, in its sole discretion, without liability to Polygon; provided, however, that, in the case that any such changes materially degrade the functionality of the Services, Customer may terminate the Agreement upon reasonable notice.
Maintenance and Modifications. 25. Licensor may from time to time interrupt or otherwise impact Software functionality for routine maintenance or upgrades, upon reasonable notice to Licensee. The Licensor shall make reasonable efforts to give Licensee a minimum of five (5) business days’ advance notification (via phone or email) of such maintenance or upgrade and shall use best efforts to ensure that such maintenance or upgrade shall not interrupt Software functionality to Licensee. In the event of a need for emergency maintenance, the Licensor will make reasonable efforts to notify Licensee and to provide as much notification as is deemed practicable by the Licensor in regards to any downtime or other information pertinent to the affected Software. Each party shall provide the other party (and revise as necessary) a list of contacts for maintenance and escalation purposes.
Maintenance and Modifications. □ General maintenance of homes is affordable by seniors on fixed incomes. □ Affordable or free general maintenance (e.g., yard work) is available for seniors. □ Housing is modified for seniors as needed and new housing is built with seniors in mind. □ Housing (including houses and apartments) meets the needs of those with disabilities. □ Housing modifications are affordable, with financial assistance provided in the form of grants and subsidies. □ Information on financial assistance programs for home modifications is readily available and easily accessible by seniors. □ Home insurance is affordable.
Maintenance and Modifications. With respect to maintenance and modifications to the Interface, the DealerTrack System and the CMSI System, the parties shall perform their respective responsibilities as set forth in this Section 4. (a) In the event that DealerTrack makes any generally released modifications to DealerTrack Software, and such modifications make changes to the CMSI System necessary or advisable, DealerTrack shall give CMSI at least thirty (30) days prior written notice of the modifications; provided, that, DealerTrack may give less notice if such modification is necessary to comply with applicable law. With respect to such changes to the CMSI System, in DealerTrack's discretion; (i) DealerTrack shall be responsible, at its expense, for making necessary or advisable changes to the DealerTrack System prior to releasing the modifications to such DealerTrack Software, and (ii) CMSI shall be responsible, at its expense, for making the necessary or advisable changes to the CMSI System. The parties shall establish a mutually agreeable schedule for making such changes properly and in a timely manner. The foregoing notwithstanding, DealerTrack shall not be responsible for any interruption in CMSI's or any Shared Financial Institution's use of the Service prior to CMSI's implementation of the appropriate changes to the CMSI System or caused by CMSI's failure to implement the appropriate changes to the CMSI System. (b) If any Shared Financial Institution desires to subscribe to any Additional Product, the parties will consult 4 <PAGE> with each other as reasonably necessary to amend the Interface Development Schedule (including, without limitation, by setting forth the parties' respective responsibilities and the schedule for completion of such responsibilities) with respect to the Interface development for such Additional Product. CMSI shall be responsible for costs associated with modification or further development of the CMSI Interface Components and the CMSI System and DealerTrack shall be responsible for costs associated with modification or further development of the DealerTrack Interface Components and the DealerTrack System. Both parties shall proceed with their respective responsibilities set forth in the amended Interface Development Schedule in a diligent manner and shall use commercially reasonable efforts to allocate such skilled Personnel and other resources to the project as shall be necessary to complete the Interface development so that the CMSI System is capable of ...
Maintenance and Modifications. If You have not paid the fees required for Software Support or to continue Software Support, SolarWinds is not obligated to provide You with Software Support. If You have made modifications or changes to the Platform or Software, except for any modification or change made by You as directed by SolarWinds, SolarWinds may, at its discretion, decline to provide Software Support for Software or the Supported Hardware or Platform.
Maintenance and Modifications. 19 Section 6.2
Maintenance and Modifications. The Lessee will at its own expense maintain the Project in as reasonably safe condition as its operations permit and in good repair and operating condition, ordinary wear and tear excepted, making from time to time all necessary repairs thereto and renewals and replacements thereof, whether structural or The Board shall not be required to maintain, repair or rebuild, nor to make any alterations, replacements or renewals of any nature or description to, the Project or any part thereof (whether structural or non-structural, foreseen or unforeseen or ordinary or extraordinary), nor to maintain the Project of any part thereof, in any way, and the Lessee hereby expressly waives any right to make repairs at the expense of the Board, which may now or hereafter be provided for in any statute or law. In the event that any buildings, structures or other improvements on the Leased Land (whether now situated or hereafter constructed thereon) shall (i) encroach upon any property, street or right-of-way adjoining or adjacent to the Leased Land, (ii) violate the agreements or conditions contained in any restrictive covenant affecting the Leased Land or any part thereof, (iii) hinder or obstruct any easement or right-of-way to which the Leased Land is subject or(iv) impair the rights of others under any such easement or right-of-way, the Lessee shall, at its expense, either (x) obtain valid and effective waivers or settlements of all claims, liabilities and damages resulting from each such encroachment, violation, hindrance, obstruction or impairment, whether the same shall affect the Board, the Lessee or both, or (y) make such changes in the buildings, structures and other improvements to the Leased Land and take such other action as shall be reasonably necessary to remove such encroachments, hindrances or obstructions and to end such violations or impairments, subject in the case of any alterations or removals to the requirements of Section 6.2.
